Bankruptcy No. 2002 32637 MDMUnited States Bankruptcy Court, E.D. Wisconsin
October 9, 2002
CASE MANAGEMENT ORDER
MARGARET DEE McGARITY, Bankruptcy Judge
Upon the Motion for a Case Management Order filed by Adell Corporation, Debtor-in-Possession, by its counsel, James D. Sweet, Catherine J. Furay, Jane F. (Ginger) Zimmerman and Rebecca R. DeMarb of Murphy Desmond S.C., and no further notice of such Motion being necessary, the Court having conducted a hearing on the Motion, it appearing that the relief that is requested in the Motion is appropriate and in the best interests of the Debtor, its estate and its creditors;
IT IS HEREBY ORDERED that:
1. Where procedures for motions are prescribed, such procedures shall apply to all types of requests for an order including motions, notices, etc.
2. Unless otherwise ordered by the Court, all filings in this case shall be served upon the parties-in-interest for the particular matter and those parties listed on the Shortened Service List attached hereto (the “SSL”), as may be revised from time to time.
3. To keep the SSL current, all parties listed on the SSL must keep the Court advised of any substitutions and/or changes in addresses or telephone numbers.
4. All parties who file notices of appearance and/or requests to receive notices will be added to the SSL.
5. Unless otherwise ordered, notice in accordance with the Case Management Order shall be deemed adequate pursuant to F.R.Bankr.P. 2002.
6. The Debtor shall maintain and update the SSL and file revised versions with the Court, if necessary, on a monthly basis. If a certificate of service indicates that service was made on the SSL, the certificate will indicate the date of the SSL, but need not include a copy of the same.
7. All service will be made by regular mail, except in emergency situations when service by overnight mail, e-mail, or facsimile may be necessary.
8. Except as described in paragraph 9, with respect to all matters for which the Bankruptcy Code, the Bankruptcy Rules or the Local Rules authorize this Court to designate or limit the parties entitled to notice, notice shall be sufficient if served only upon the SSL and parties interested in the particular matter.
9. Unless otherwise ordered by the Court, the noticing procedures proposed in paragraph 8, above, will not apply to notices of the matters or proceedings described in the following Federal Rules of Bankruptcy Procedure: 2002(a)(1) (the meeting of creditors pursuant to section 341 of the Bankruptcy Code); (a)(2) (sales over $100,000); (a)(4) (any hearing on the dismissal of a case or the conversion of a case to another chapter); (a)(5) (the time fixed to accept or reject a proposed modification of a plan of reorganization); (a)(6) (hearing on final determination of professional fees); (a)(7) (the time fixed for filing proofs of claim pursuant to Bankruptcy Rule 3003(c)); (b)(1) (the time fixed for filing objections and any hearing to consider approval of a Disclosure Statement); (b)(2) (the time fixed for filing objections and any hearing to consider confirmation of a plan of reorganization); (d) (certain matters for which notice is to be provided to equity security holders); (f)(1) (the entry of an order for relief); (f)(2) (the dismissal or conversion of a case to another chapter); (f)(3) (the time allowed for filing claims pursuant to Bankruptcy Rule 3002); (f)(5) (the time fixed for filing a complaint to determine the dischargeability of a debt pursuant to Section 523 of the Bankruptcy Code, as provided in Bankruptcy Rule 4007); (f)(6) (the waiver, denial or revocation of a discharge, as provided in Bankruptcy Rule 4006); (f)(7) (the entry of an order confirming a Chapter 11 plan of reorganization); and (f)(8) (a summary of the trustee’s final report, should a case be converted to Chapter 7, if the net proceeds realized exceed $1,550). The matters listed in this paragraph will be noticed in accordance with the applicable provisions of Bankruptcy Rule 2002.
10. The noticing procedures herein are without prejudice to (a) the right to file a motion seeking emergency ex parte consideration, or consideration upon shortened time; and (b) the rights of any party to seek an enlargement or reduction of a time period under Bankruptcy Rule 9006(b) or (c).
11. Except as provided in ¶ 9, upon the appointment of an Unsecured Creditors’ Committee (“Committee”), Debtor may serve only the SSL with all notices of the proposed use, sale or lease of property of the estate other than in the ordinary course of business (F.R.Bankr.P. 2002(a)(2)), all notices of hearings on approval of a compromise or settlement of a controversy (F.R.Bankr.P. 2002(a)(3)), and all notices of hearings on Applications for Compensation or Reimbursement of Expenses (F.R.Bankr.P. 2002(a)(6)).
12. Until such time as a Committee is appointed by the Office of the United States Trustee, the SSL shall be composed of U.S. Bank National Association, all secured creditors, the U.S. Trustee, the 20 largest unsecured creditors, the equity security holder, and all relevant taxing authorities. After the appointment of a Committee, the SSL will include the Committee instead of the 20 largest unsecured creditors. If the Committee employs counsel, the SSL will include such counsel rather than individual Committee Members.
13. All notices required pursuant to F.R.Bankr.P. 4001 shall be mailed to each entity designated on the SSL and to all parties directly affected by the notice.
14. All notices required by F.R.Bankr.P. 2002(a)(1), (2), (3), (5), (6), (7) and (8), or by F.R.Bankr.P. 2002(b) or (f) shall be mailed to each entity designated on the SSL and to all creditors and equity security holders.
15. A copy of this Order shall accompany the Notice of First Meeting of Creditors, to be served in accordance with Bankruptcy Rule 2002(a)(1).
16. Any party may at any time apply for reconsideration or modification of this Order. Service of such motion shall be pursuant to the provisions of this Order and shall be made upon at least twenty-one (21) days’ notice. This Court may amend this Order at any time. This Order shall continue in effect until modified by further Order of the Court.